harassment

So many times an employer gets in trouble for following logic instead of the law. Quite often what is logical just isn’t legal, and that can be tricky for many managers and HR professionals. It trips them up. That’s why one of my favorite topics to speak about is Employment Law Bloopers and Lessons Learned.

65071107 – woman hand writing what have you learned? on blank transparent board with a marker isolated over water background. business concept. stock photo

One of the bloopers I will be talking about is “Ignoring Warning Signs from Top Performers.” Those who read my blog posts know this is an issue close to my heart. And it is all over the news regardless of industry, from tech, to media, to entertainment, to universities and more. Other bloopers involve skipping steps when dealing with the interactive process and reasonable accommodation, retaliation, and the mistakes people make with emails and social media (like those texts we see in litigation from managers to employees sent in the wee hours of the morning on issues unrelated to work … you get the idea).

Come be entertained on August 28th or 29th and learn a few things too!

Have you ever felt powerless in your job? Felt that there was no way you could have impact on the corporate environment?

Well, recent events have shown how the catalyst theory is alive and well in corporate America.

Take Uber for example. A mere four months ago, a lone female engineer who had left the company after feeling mistreated wrote a blog post. Within days, that post went viral, caused Uber’s CEO and Board to take notice, and sparked a chain of events that was fascinating to watch (and blog about).

In fact, there are many other examples in the press about the catalyst theory at work, involving major television celebrities and executives. Powerful people, who once seemed untouchable despite all types of bad behavior (that was widely known yet unaddressed) eventually fall or are forced out. At times, karma really does catch up with people and justice can prevail.

So, if you are feeling powerless at your company, and think change can’t happen, well, think again. Just read the headlines, because one person (and in this case one brave woman), can really make a difference.

After a flurry of activity in February, the news has been relatively quiet at Uber until this week. We knew that reports of harassment by lady engineers triggered a massive investigation, and at the time, news reports indicated a formal report was due by the end of April. But that day came and went. Now, the wait is over, and Uber is in the news again. Here is the latest:

According to a report from Bloomberg, at least 20 Uber executives have been fired as part of the harassment probe, and more are being disciplined, after a law firm investigated a stunning 215 claimsof sexual harassment. According to reporting, of the 215 claims, 57 remain under investigation, 31 employees received counseling or training, and 7 received written warnings.

The New York Times also reported that Uber’s President of Asia Operations, and a longtime confidant of CEO Travis Kalanick, was fired after “reporters inquired about his actions to obtain the medical records of a woman who said she was raped by a driver” in India.

Meanwhile another law firm is also conducting an investigation led by former US Attorney General Eric Holder into claims made by Susan Fowler and other female engineers in February. That investigation apparently is still ongoing.

In addition other senior executives are resigning for various reasons, including Uber’s Vice President of Product and Growth who reportedly resigned once an affair with an employee was revealed, as well as a female Global Policy and Communications Chief who resigned amid reported clashes with the CEO.

Yes harassment issues still reign in California, and top executives can lose their jobs because of it. Even people who once seemed untouchable can fall from grace.

No matter which part of the political spectrum you might find yourself on, whether it be the far left, the alt right, or somewhere in between, this past weekend certainly provides some food for thought applicable to California employers.

The country, and many workplaces, have become increasingly polarized. Yet many people are craving inclusion and a sense of hope. Employees want to be valued, appreciated and heard. Supporters of the new administration certainly voiced a sense of hope that things might change, and that those left behind by a growing economy will see some actions to address their concerns. The hundreds of thousands of people who marched in various cities across the county, including a reported 750,000 here in Los Angeles, also voiced a need for a sense of inclusion with other like-minded individuals, even if those people may have different views on specific issues.

While discussions about politics in the workplace can be divisive and are universally not recommended, discussions about inclusion are important. That inclusion can be based on sex, race, sexual orientation, religion, disability or any other category protected by law. In fact, the law here in California has granted protections to individuals in workplaces who raise concerns about pay equity, discrimination, harassment, and retaliation for raising concerns about any such issues. So open discussions in the workplace should be welcomed.

Many people are wondering what they can do to make a difference. On that issue, and as it relates to inclusion in the workplace, here are a few suggestions (several adapted from the Father of a Daughter Initiative):

When someone at work opens up to you about an issue they believe is unfair, hear them out and resist the urge to be defensive. You don’t need to agree, but you can certainly listen and try to understand their point of view.

Act to correct issues of bias or micro-inequities you may witness or hear about. This can be as simple as repeating and emphasizing what someone with less power says at a meeting, while explicitly giving that person credit (“as Maria just said, I agree that we need to ….”). This concept has been referred to as “shine theory” or “amplification.”

If you are in a position of power, make sure to look beyond your regular go-to personnel, and expand your net to someone you may not have considered for a special assignment or important role.

Be a visible advocate for those in your workplace less powerful than you are.

My hope, as Co-Chair of my firm’s Womens’ Initiative, is that this weekend’s momentum can be followed by many individual acts of inclusiveness at work. Change starts with each one of us. Let’s all be open to alternate points of view, make a difference in our own way, and strive to be a positive influence on those around us.

About Our Firm

Fox Rothschild LLP is a national law firm with 800 attorneys practicing in 22 offices coast to coast. We’ve been serving clients for more than a century, and we’ve been climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal.Read More...